Bohler v. State

Full title: DEBRA BOHLER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 9, 2000

No. 4D99-2071 (Fla. Dist. Ct. App. Feb. 9, 2000)

Opinion

No. 4D99-2071.

Opinion filed February 9, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. No. 98-22567 CF10A.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's sentence pursuant to the Prison Releasee Reoffender Act (PRRA). Rollison v. State, 743 So.2d 585 (Fla. 4th DCA 1999). We also hold that the PRRA applies to appellant even though she was released prior to its effective date because the crimes occurred within three years of her release but after the effective date of the statute. See id. at 587-88; Plain v. State, 720 So.2d 585, 586 (Fla. 4th DCA 1998), rev. denied, 727 So.2d 909 (Fla. 1999). Finally, we hold that Adams v. State, No. 98-3338, 1999 WL 966743 (Fla. 4th DCA Oct. 20, 1999), does not apply because the sentence imposed pursuant to the Habitual Felony Offender Act did not exceed the maximum permitted under the PRRA.

AFFIRMED.

DELL, STONE and TAYLOR, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.